Working with a San Diego realtor: licenses, agency and commissions
Short answer: In California, check that an agent is licensed on the Department of Real Estate (DRE) lookup, get the agency relationship explained in writing, and expect to negotiate compensation: the DRE says commissions are fully negotiable and that any agent who claims a “standard” rate is misrepresenting the law.[1][2] Since 1 January 2025 a buyer’s agent in California must sign a written buyer-broker representation agreement with the buyer no later than when the buyer’s offer is signed.[1] This page is general information, not legal or real estate advice.
How do I check that a California real estate agent is licensed?
Use the DRE Public License Lookup, search by name or license number, and read the status, expiration date, responsible broker and any disciplinary action. The DRE tells consumers to verify that the agent they work with is licensed.[1] As an example of what the record shows, see Charles Murch’s license 01264364.[3]
What is the difference between a salesperson, a broker and a REALTOR®?
A salesperson is licensed to carry out real estate activities under the supervision of a licensed broker and cannot act without a responsible broker.[4] REALTOR® is a different matter: the National Association of REALTORS® says all REALTORS® are licensed professionals, but not every licensed agent is a REALTOR®, because REALTORS® are NAR members who follow its Code of Ethics.[5]
What are the agency relationships a California agent can have?
California Civil Code section 2079.16 sets out the disclosure that explains three roles: a seller’s agent, a buyer’s agent and an agent acting for both buyer and seller (a dual agent). The form says an agent acting for both parties may do so only with the knowledge and consent of both.[2] The DRE publication RE 6 covers the same disclosures.[6] Ask the agent which role they hold before you share financial or negotiating information.
Are real estate commissions negotiable in California?
Yes. California Business and Professions Code section 10147.5 requires a notice that the amount or rate of a real estate commission is not fixed by law and is negotiable, and that the rate cannot be preprinted.[7] The DRE adds that commissions are fully negotiable and that claiming a standard rate misrepresents the law.[1] NAR says the same: commissions are not set by law and are fully negotiable.[8]
What changed for buyers in 2024 and 2025?
After a nationwide settlement of antitrust lawsuits, buyer’s agents negotiate their compensation directly with their buyer clients, and the settlement and trade association rules require a signed representation agreement before touring a home.[1][8] NAR dates its written-agreement requirement for MLS participants working with buyers to 17 August 2024.[8] California’s AB 2992, effective 1 January 2025, requires a buyer-broker representation agreement no later than the buyer’s offer. It must state the agent’s compensation, the services, when compensation is due and an expiry date no more than three months after signing.[1]
What red flags does the DRE list for buyers?
- No clear written agreement on compensation and representation.
- Vague terms or unexplained fees.
- Pressure to sign quickly.
- A claim of a “standard” commission rate.
- Verbal promises that are not in the written agreement.
What should I ask any agent, including Charles Murch?
Ask for the license number and check it, ask which agency role the agent will hold, ask for the compensation terms in writing before you sign, and ask what happens if you want to end the agreement. These questions come from the DRE and NAR guidance above.[1][8] Charles Murch’s own contact details are on the brokerage page.
Frequently asked questions
Are real estate commissions negotiable in California?
Yes. State law requires a notice that commissions are not fixed by law and are negotiable.
Do I need to sign a written agreement with a buyer’s agent in California?
Since 1 January 2025, yes: no later than when your offer is signed, under AB 2992, as described by the DRE.
Is every real estate agent a REALTOR®?
No. REALTOR® refers to licensed professionals who are NAR members and follow its Code of Ethics.
See also
- License and credentials
- Specialties and services
- FAQ
- Career timeline
- Brokerage: BHHS California Properties
References
- ^ a b c d e f g h Consumer Alert: changes to buyer representation and compensation (amended advisory, 12 December 2024). California Department of Real Estate (DRE). Retrieved 28 October 2026.
- ^ a b California Civil Code section 2079.16 (Disclosure Regarding Real Estate Agency Relationship). California Legislative Information. Retrieved 28 October 2026.
- ^ Public License Lookup: license 01264364, Murch, Charles H (salesperson); record read 28 October 2026. California Department of Real Estate (DRE). Retrieved 28 October 2026.
- ^ Requirements to Apply for a Real Estate Salesperson License. California Department of Real Estate (DRE). Retrieved 28 October 2026.
- ^ When Is a Real Estate Agent a REALTOR®?. National Association of REALTORS®. Retrieved 28 October 2026.
- ^ Disclosures in Real Property Transactions (RE 6). California Department of Real Estate (DRE). Retrieved 28 October 2026.
- ^ California Business and Professions Code section 10147.5 (notice that commissions are negotiable). Justia, 2025 California Code. Retrieved 28 October 2026.
- ^ a b c d Written Buyer Agreements 101. National Association of REALTORS®. Retrieved 28 October 2026.